What's happening
This bill requires notification and consultation when state-operated individualized residential alternatives suspend services, in addition to closure or transfer.
Why it matters
Expands transparency and accountability. By requiring notification and consultation not just for closures or transfers, but also for suspensions of service at state-operated IRAs, the bill ensures that all major disruptions affecting residents and staff are subject to oversight and communication.
Strengthens protections for residents and workforce. Families of residents, workers, and their representatives are now guaranteed advance notice—even in cases of temporary service suspensions—helping them prepare for potential impacts on care or employment.
Narrows exceptions for urgent situations. The bill maintains an exception for emergencies (“exigent circumstances”), but otherwise sets a clear 90-day minimum notification period, promoting stability and reducing the risk of abrupt changes.
May affect service planning and advocacy. With required consultation and reasonable efforts to inform all stakeholders, advocates and families gain more opportunity to respond to or influence decisions about suspensions, which could affect service continuity and quality.
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Who cares
Headline styles
Notify on IRA Service Suspensions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Vetoed memo.223
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.162
- Substituted for A7199
- Referred to mental health
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.738
Show 1 earlier action
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Before Suspending Group Homes
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5315
2019-2020 Regular Sessions
IN SENATE
April 25, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to the suspension of service of state-operated individualized residential alternatives
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (d) of section 13.17 of the mental hygiene law, as added by section 1 of part Q of chapter 59 of the laws of 2016, paragraph 1 as amended by section 1 of part II of chapter 57 of the laws of 2018, is amended to read as follows:
(d) In the event of a closure [or], transfer, or suspension of service of a state-operated individualized residential alternative (IRA), the commissioner shall:
1. provide appropriate and timely notification to the temporary president of the senate, and the speaker of the assembly, and to appropriate representatives of impacted labor organizations. Such notification to the representatives of impacted labor organizations shall be made as soon as practicable, but no less than ninety days prior to such closure [or], transfer, or suspension of service except in the case of exigent circumstances impacting the health, safety, or welfare of the residents of the IRA as determined by the office. Provided, however, that nothing herein shall limit the ability of the office to effectuate such closure [or], transfer, or suspension of service; and
2. make reasonable efforts to confer with the affected workforce and any other party he or she deems appropriate to inform such affected workforce, the residents of the IRA, and their family members, where appropriate, of the proposed closure [or], transfer, or suspension of service plan.
§ 2. This act shall take effect immediately; provided, however, that the amendments to subdivision (d) of section 13.17 of the mental hygiene law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11049-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to the suspension of service of state-operated individualized residential alternatives
Purpose or general idea of bill
To require the office for people with developmental disabilities to provide timely notification when they suspend services at a state-oper- ated individualized residential alternative.
Summary of provisions
Section 1. Amends section 13.17 of the mental hygiene law to require that in the event of a suspension of service of an individualized resi- dential alternative operated by the office for people with developmental disabilities, OPWDD must notify the Senate, Assembly, and labor repre- sentatives of affected employees.
Section 2. Effective date.
Justification
The closure, transfer, or suspension of service at a state-operated individualized residential alternative should be done in a methodical way. IRAs are peoples' homes and many times they have lived in an IRA for years. When the state decides to close, transfer services or suspend services, residents and their families should be given adequate notice before taking this action. Current law only requires 90 days' notice when the IRA is being trans- ferred or closed. Recently, OPWDD has decided to suspend service at several IRAs in the northern part of the state. Due to this term, they are not required to give any notice to residents, families, or staff. This legislation will close this loop hole and will ensure that OPWDD gives notice when services are being suspended, which is consistent with the intent of the original law.
Legislative history
New bill
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.